McMillan v. Lawrence, Smith & Whilden
Supreme Court of Georgia
Damages for frivolous appeal, from Heard county. Tried before Judge Hammond, August Term, 1857. An action was brought on three promissory notes by Lawrence, Smith & Whilden, and a verdict and judgment rendered in their favor, against McMillan and Harvey, who entered an appeal. When the case came on upon the appeal, the plaintiffs introduced in evidence the promissory notes, and closed. The defendants offered no evidence.
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Damages for frivolous appeal, from Heard county. Tried before Judge Hammond, August Term, 1857. An action was brought on three promissory notes by Lawrence, Smith & Whilden, and a verdict and judgment rendered in their favor, against McMillan and Harvey, who entered an appeal. When the case came on upon the appeal, the plaintiffs introduced in evidence the promissory notes, and closed. The defendants offered no evidence. Counsel for the plaintiffs claimed damages against the defendant for a frivolous appeal to the extent of 35 per cent. The Court made several charges to the jury, which were…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The only question in this case is, whether the charge of the Court was right, as to the measure of damages, ivhere the appeal is frivolous and intended for delay ?
The jury were instructed amongst other things, “that if they should believe that the appeal in this case was made for delay only, and that there were no circumstances of mitigation or justification, in the opinion of the Court, they ought to find the highest amount of damages authorized by the: statute.”
In the first place, we hold that the Court has no right to express any opinion to…
2Cited by1 opinion
- Clark v. FeeSupreme Court of Georgia · 1890